WHO OWNS THE DEAD? BURIAL, MEMORY AND FAMILY AUTHORITY UNDER NIGERIAN CUSTOMARY LAW

Abstract

Disputes over the burial of deceased persons have become a recurring feature of Nigerian litigation, often bringing customary norms into direct confrontation with individual wishes, religious convictions and competing family claims. Despite the frequency of such disputes, Nigerian legal scholarship has devoted limited attention to the deeper jurisprudential question of who possesses legal authority over the dead. This article examines the legal foundations of burial rights, posthumous family authority and the protection of the memory of deceased persons under Nigerian customary law. Through a doctrinal analysis of judicial decisions, customary law principles and relevant statutory provisions, the article explores the extent to which customary law recognises continuing obligations owed to the dead and the corresponding rights exercisable by surviving relatives. It argues that while Nigerian courts have resolved numerous burial disputes, the absence of a coherent legal framework has produced uncertainty regarding the relationship between customary practices, personal autonomy and contemporary constitutional values. The article contends that the law should move beyond the narrow question of burial location to develop a principled understanding of posthumous dignity and family authority within Nigeria's plural legal order. It concludes that a clearer jurisprudence of the dead is necessary to promote certainty, cultural legitimacy and social harmony in the resolution of burial-related conflicts.